Four indigenes of Benue State, David Ejembi, Aondoaver Teryila, Joseph Okpanachi, and Benedict Orkume, have filed a suit against former Attorney-General of the Federation, Michael Aondoakaa, seeking his disqualification from contesting the 2027 governorship election in the state. The plaintiffs, through their lawyer, Fredricks Itula, a Senior Advocate of Nigeria, urged the Federal High Court in Abuja to grant their prayers. They cited a previous Supreme Court judgement that barred Mr. Aondoakaa from holding any public office.
The suit, marked FHC/ABJ/CS/2152/2026, was filed against the Independent National Electoral Commission, the Peoples Democratic Party, and Mr. Aondoakaa. The plaintiffs argued that the Supreme Court's judgement in the case of Michael Kaase Aondoakaa v. Obot obliged INEC to stop PDP from sponsoring Aondoakaa to contest in the 2027 governorship election. They prayed the court for an order of declaration that INEC is under constitutional obligation to comply with the apex court judgment.
The plaintiffs also sought an order of perpetual injunction restraining INEC from allowing PDP to sponsor Aondoakaa to contest for the 2027 Benue governorship election. They equally prayed the court for an order of perpetual injunction restraining Aondoakaa from contesting in the election. During Monday's hearing, Mr. Itula informed Judge Joyce Abdulmalik that he was unable to serve the court processes on Mr. Aondoakaa, and an ex-parte motion for substituted service was filed.
The judge granted the application, ruling that a copy of the service shall be forwarded to the court as evidence of service. The judge also ordered that hearing notices be served on all the defendants and adjourned the case until 29 September for further mention. The Supreme Court had on 10 December 2021 affirmed Mr. Aondoakaa's lifetime disqualification from public office for using his office as AGF to frustrate the implementation of a court judgement.
The Supreme Court's decision was based on a case that stemmed from the primary election of the PDP ahead of the 2007 election for the Uyo Federal Constituency of Akwa Ibom State. Emmanuel Obot, who commenced the suit at the Federal High Court, had emerged as the winner of the primary election but was unlawfully substituted with another name. Mr. Aondoakaa, as AGF, wrote letters to relevant authorities, preventing Obot from being sworn in.
The Federal High Court, Court of Appeal, and Supreme Court all ruled against Mr. Aondoakaa, with the Supreme Court holding that he acted in a manner most unbecoming of the occupant of such an exalted office. The court also awarded N50 million damages against him in favour of Mr. Obot. The Court of Appeal described Mr. Aondoakaa's actions as undermining and subverting the rule of law, the due administration of justice, and the independence, authority, and integrity of the judiciary.
The plaintiffs in the new suit argued that Mr. Aondoakaa's actions, as affirmed by the Supreme Court, disqualify him from contesting the 2027 governorship election in Benue State. They urged the court to declare that INEC and PDP are under constitutional obligation to comply with the Supreme Court's judgement. The case has been adjourned until 29 September for further mention.
Key points
- The Supreme Court had on 10 December 2021 affirmed Mr. Aondoakaa's lifetime disqualification from public office.
- The plaintiffs seek to stop Mr. Aondoakaa from contesting the 2027 governorship election in Benue State, citing the Supreme Court's verdict.
- The case has been adjourned until 29 September for further mention.
